52 parking spaces in Yijing affordable housing community in Lintong require long-term lease for 20 years. The owner questioned the sale of parking spaces in disguise.

There are 200 owners and a *** 106 above-ground parking space, but the property requires 52 parking spaces to be rented for 20 years. This incident made the owner of an affordable housing community in Lintong District somewhat puzzled.

Owner: Why do you need to rent half a parking space for a long time? Is it selling parking spaces in disguise?

Recently, many owners of Dacheng Meishe Community in Lintong District called the news hotline of Huashang Daily at 029-88880000 and said, "The residential property recently informed that 52 parking spaces in the north area of the community can only be rented for 20 years at a time."

On the morning of 24th 10, the reporter of Huashang Daily saw that all the open spaces on the north and south sides of the residential unit building were basically classified as parking spaces, but not many vehicles were parked. On the wall of the community, there is also a sticker saying "Grab the parking space as early as possible" and "Don't let the car' sleep on the street' to give the car a home!" Banner with sales hotline.

According to the owner's introduction, there are 106 parking spaces in the community * * *, of which 54 parking spaces in the south area can be rented free of charge, and 52 parking spaces in the north area can only be given away automatically for 50 years after 20 years, requiring a one-time payment of 65,000 yuan. However, many owners believe that the developer's move is suspected to be disguised sales, but the community is a security housing community. I wonder if this behavior is reasonable?

In addition, many community owners are worried about the parking difficulties that may be caused by renting half a parking space for a long time: "The parking spaces in the community are already very tight. When owners continue to stay, if half of the parking spaces are rented for a long time, owners who are unwilling to rent parking spaces for a long time can only grab the remaining general parking spaces, and the parking problem is too serious! "

And more owners don't understand: "Do they have the right to ask for half of the parking spaces for a long time?"

Attribute: required by the developer.

On the 24th, a staff member of the residential property responded to the above questions of the owner and said that it was requested by the long-term rental developer.

However, some owners took out the property right certificate and said, "It is clearly written on the certificate that our community is affordable housing and the land is allocated land. Moreover, the parking spaces in the community are all ground parking spaces, and the developers are only renting them at present. Will these parking spaces belong to the owners? If it is owned by the owner, will the developer issue the "overlord" clause of "long lease for 20 years"? And should the parking fee also be owned by the owner? "

In the Property Purchase and Sale Contract and Property Service Contract provided by the owner, the reporter of Huashang Daily found no agreement on the ownership of parking spaces.

Some owners also suggested: "It has been more than a year since the delivery of the house, and the property has always been unclear about the location of the community and the distribution map of facilities and equipment." In this regard, the property staff replied: "I asked the developer for relevant information, but the developer did not give it."

Developer: I will show it to the owner if I accept it.

Some owners believe that at present, the developer has provided nothing, even the lease contract for parking spaces is not available. "At least the developer should publicize the planning map in the community to let the owners know which parking spaces in the community are planned, which parking spaces are unplanned, and whether they occupy the pool area." Some owners said.

Some owners also said: "The open space in this community is basically divided into parking spaces. I really doubt whether all this is planned? "

165438+At 0: 00 on the 24th, the reporter from Huashang Daily and several owners of the community went to the developer's office. Regarding the problem of long-term parking spaces and community inspections raised by the owners, the developer staff said: "This involves personnel and materials from several departments and may take time to prepare. When it is collected, the owner will be notified to view it. "

The reporter from Huashang Daily called the developer of the community again and asked if he could check the community planning, but as of press time, he still did not receive a reply.

Huashang Daily reporter learned that the owner of the community has applied to the district planning department to check the planning drawings of the community.

The lawyer said:

Who belongs to the ground parking space in the affordable housing community?

Wei Yanzi, a lawyer of Shaanxi Haipu Ruicheng Law Firm, believes that according to Article 74 of People's Republic of China (PRC) Property Law, planning parking spaces and garages for parking cars should first meet the needs of owners; Within the building division, the ownership of the parking spaces and garages planned for parking cars shall be agreed by the parties through sale, gift or lease; Parking spaces that occupy roads or other venues owned by the owner for parking cars belong to the owner.

"According to this regulation, the ownership of ground parking spaces should first clarify whether parking spaces belong to building divisions, and parking spaces for parking cars should be specially planned. If so, it belongs to the developer. Parking spaces that occupy roads or other venues outside the planned scope that belong to the owner for parking cars belong to the owner. " Lawyer Wei said.

Is it reasonable for developers to ask for a long lease of 20 years?

Wei believes that according to Article 2 14 of People's Republic of China (PRC) Contract Law, the lease term shall not exceed 20 years. More than twenty years, the excess is invalid.

She said: "The premise for developers to ask for the right to rent parking spaces must be that the parking spaces are within the planning permission and can be used to prove that they belong to the developers. If the parking space is really owned by the developer, it has the right to dispose of such parking spaces by leasing. Since the lease term is not allowed to exceed 20 years, its requirements for 20-year long-term parking spaces are reasonable. "